FACULTY SENATE AGENDA

The Executive Committee invites Senators to submit discussion topics for future agendas. Please send your suggestions to the Executive Committee through the [email protected] email address, or you can reach out individually to

Chair Keri Kornelson at [email protected], Chair-elect Dave Hambright at [email protected], or Secretary Kalenda Eaton at [email protected].

REGULAR MEETING OF THE FACULTY SENATE The University of Oklahoma (Norman campus)

December 13, 2021, 3:30 p.m., via Zoom (https://oklahoma.zoom.us/j/96734515931?pwd=dHl1Q1IxOEZZaXZhY0pQSlRQMWR4dz09)

Please mute your microphone until you have been recognized by the Chair. If you would like to speak, ask using the Chat window, which will help coordinate discussion. The meeting will be recorded, as will comments in Chat.

AGENDA 1. Land Acknowledgement.

2. Approval of the Senate Journal for the regular session of November 8, 2021.

3. Announcements:a. In lieu of the regular January meeting of the Faculty Senate, a reception for Senators and members of

the Higher Administration will take place on January 24, 2020 at 3:30 p.m. in Jacobson Hall, Room 102b. The 10th Academic Tech Expo X (Ten) – Tri-Campus Conference will be on January 13 and 14, 2022. This

event is open to all faculty, staff, and students who are interested in learning about emerging technologies that can facilitate improvements in teaching. Additional details can be found at http://academictech.ou.edu/

c. The Faculty Compensation and Benefits Committee (FCBC) is seeking your help in detailing OU pay equity perceptions, impacts, policies, and practices by completing an upcoming survey and encouraging others to do so as well. The survey can be completed in 10-15 minutes and is anonymous. The data will augment a series of recommendations by FCBC to improve OU pay equity policies and practices.

d. Proposals for the OU Arts and Humanities Faculty Fellowships (AHFF) program coordinated by the Arts and Humanities Forum are due January 28, 2022. The AHFF program supports dynamic and innovative research and creative activity projects proposed by regular faculty in the arts, fine arts, and humanities by providing them the opportunity to focus on a scholarly and/or creative activity that significantly transforms the faculty member’s research program and makes notable contributions to the field. Details at https://www.ou.edu/humanitiesforum/funding/arts_and_humanities_faculty_fellowship.

e. The Faculty Senate is sad to report the death of faculty member Keith Ballard (Educational Leadership & Policy Studies – Tulsa) on September 28, 2021 and retired faculty member Gene Thrailkill (Music) on November 11, 2021.

4. Senate Chair's Report (attached).

5. Remarks by Chief Information Officer David Horton.

6. Remarks by Vice President for Research and Partnerships Tomás Díaz de la Rubia.

7. Teaching Evaluation Working Group (TEWG) Update.

8. For Action:a. Intellectual Property Policy update from Andrew Pollock, Interim Executive Director, Office of

Technology Commercialization (attached).b. Transition of Teaching Scholars Initiative (TSI) Steering Committee to Faculty Scholars Steering

Committee (attached).

9. New business (any matter not known about or that could not have been reasonably foreseen prior to the time the agenda was prepared).

mailto:[email protected]




https://oklahoma.zoom.us/j/96734515931?pwd=dHl1Q1IxOEZZaXZhY0pQSlRQMWR4dz09

http://academictech.ou.edu/

https://www.ou.edu/humanitiesforum/funding/arts_and_humanities_faculty_fellowship

Senate Chair’s Report – December 10, 2021 Page 1 of 3

SENATE CHAIR’S REPORT, by Prof. Keri Kornelson December 10, 2021

On November 5, I had a short phone conversation with VP Burrage to discuss the vacancy in the Office of Institutional Equity. A new Director/Title IX Officer, Christine Taylor, has already been selected for that office, pending Regents’ approval at the December 2 meeting. The administration deemed it prudent to offer the position quickly to a finalist from the last search. Later in the day, I met with Justin Daniels, Chair of Staff Senate. We compared notes on the responses to the new vaccine requirement. The announcement today that the deadline to be fully vaccinated was moved back to January 4 was a relief to us both. The Faculty Senate met on November 8, 2021. On November 9, I met with VP Dorothy Anderson from Human Resources. We discussed the vaccine requirement and the plans for enacting it. We also discussed the idea of HR collaborating with the Senate committees on issues like compensation, evaluation of systems and administrators, and training opportunities for faculty. Later, I met with officers Dave Hambright and Kalenda Eaton. We discussed the vaccine requirement. On November 16, I met with officers Dave Hambright and Kalenda Eaton. We discussed topics for the meeting with President Harroz. On November 17, the Faculty Senate Executive Committee (FSEC) met with President Harroz in person for the first time in nearly two years. The President reported that we are having a banner year for fundraising, that Matthew Brockwell, the new CFO, starts on December 3, and that the student recruitment cycle is off to a promising start. We expressed our appreciation for last month's meeting with some of his executive team members to discuss the role of the faculty committees in communication and shared governance, and asked that that openness and access continue. We were excited to hear that the plans are underway for administrators to receive regular 360 evaluations, including input from faculty members as appropriate. This led to a conversation about the kinds of professional development and leadership training available at OU. Topics that came up included building a leadership pipeline and offering a range of training opportunities for new leaders, including new Chairs and Committee A members. This is something we have not had on a regular basis at OU. The FSEC will work with VP Burrage to follow up on this idea. The next topic we discussed was faculty retention. We had a productive conversation about what the next steps might be to identify reasons faculty leave OU and then work to improve our retention. We asked questions about whether some of the funding in the Lead On Strategic Plan could go toward initiatives that promote scholarly and creative activities for a broader range of faculty members. We proposed a few ways that could be done and agreed to collaborate on this idea with VP Burrage.


On November 22, I met with OU Regent Anita Holloway over lunch. We discussed the work of the Finance, Audit, and Risk Committee that she chairs. This was a very helpful conversation to learn about the priorities of the Board of Regents and to share the perspective of the faculty in university affairs. On November 29, I met with VP Sean Burrage. We discussed the next steps on some initiatives that were brought up in the FSEC meeting with Pres. Harroz. On November 30, I met with FS Officers Dave Hambright and Kalenda Eaton. We finalized the agenda for the December 6 FSEC meeting. On November 30, I met briefly with Provost Wright to discuss the Faculty Senate’s budget looking ahead for the next few years. On December 1, I met with the FS’ Ad hoc Committee on Reapportionment. This committee meets once every three years to look at the number of regular faculty in each college and rebalance the 50 Senate seats as warranted, according to the guidelines set out in the Faculty Senate Charter and Bylaws. This year is one of those years, so the Senate will receive their report and vote on the new distribution of Senators in the spring. On December 2, I attended the Regent's Meeting at OU-HSC. On December 3, I met with Provost Wright. We continued a conversation about faculty salaries and how the raises described in the Lead On Strategic Plan will be determined. There were not any updates yet on the numbers of OU employees who had uploaded their vaccine status and/or requested exemption to the vaccine requirement. (We learned on December 8 that the vaccine requirement will not stay in force given the latest action in federal court.) We also discussed some ways that faculty are still struggling from COVID setbacks in their research and creative activities and some potential actions. Other topics we discussed were faculty retention at OU and exploring different models of professional development and leadership training that could be offered at OU. The Faculty Senate Executive Committee met on December 6. We began with briefings from the FS standing committees. The Compensation and Benefits Committee is preparing a survey to ask faculty about their impressions about salary equity at OU. The Welfare Committee is working on plans with Budget Council and Center for Faculty Excellence (CFE) to hold workshops to help those in the OU community understand university finance and budgets. Anna Reser from the Humanities Forum joined the FSEC meeting briefly to answer questions about the changes to eligibility language for the Arts and Humanities Faculty Fellowships (AHFF). The new language makes it clear that all Regular Faculty, i.e., Tenured/Tenure track and Ranked Renewable Term faculty members from those disciplines are eligible to apply for the AHFF.


I gave the FSEC a quick summary of the work of the Teaching Evaluation Working Group (TEWG) this semester. We are nearing the end of a year-long pilot of a new end-of-course survey called the Student Experience Survey (SES). The SES will be the official survey used in all courses beginning in Spring 2022. The CFE is hosting some information sessions about the SES for those who want to learn more. (On Dec 7, all instructors received an email from the Provost with the SES questions attached.) VP of Research and Partnerships Tomas de la Rubia was welcomed to the FSEC meeting. He presented data showing the growth in research expenditures across the Norman campus. While COVID did have an impact on awards, we are seeing an increase this year. He is interested in forming initiatives that will give faculty time to develop and write large-scale proposals; two such programs are the Significant Impact Research Grant Program which gives a PI a course release to develop a grant proposal and the Match Program that will match 25% of a funded postdoc salary on an external grant. We suggested some obstacles to research that are still ongoing. He was very receptive to a suggestion from Member-at-Large Trytten to look closely at the available research software at OU, and in particular, that qualitative researchers do not have tools like NVivo available with a site license. The FSEC welcomed Provost Wright to our meeting. There was some discussion about the vaccine requirement and the impact it could have on Academic Affairs. We also asked what the plan would be if some faculty members do not comply with the vaccination requirement. (As noted above, this is now moot.) We also discussed various ways that the Provost's office might support faculty in their research and creative activities and ways that exceptional work could be recognized. It was a productive conversation that we hope will continue after the holidays. VP and Chief Information Officer David Horton was welcomed to the FSEC meeting, as was Nicholas Key from OU IT. They presented some very interesting slides about new policies and initiatives happening in OU IT, including updates to the computer standardization policy and the campaign to help OU students, faculty, and staff spot malicious/phishing emails. They also talked about the growing security challenges from external attacks, and the measures OU IT is taking to stay ahead of that. We asked questions about the latest security measures and the impact of the global shortage of computer chips. VP Horton also described the IT Policy Program review system that allows users to see and comment on proposed policy language before it becomes official. The FSEC agreed that this is a very transparent and helpful way of bringing forth new policies, asked for them to think about ways to publicize more when a new policy is up to view on that system. On December 7, Kalenda Eaton and I met for our weekly officers' meeting. We discussed the agenda for the next FSEC meeting with President Harroz, which has been rescheduled for January.

THE UNIVERSITY OF OKLAHOMA September 20-21, 2021

AGENDA ITEM ISSUE: OFFICE OF TECHNOLOGY COMMERCIALIZATION IP POLICY – NC ACTION PROPOSED: CHANGE TO POLICY LANGUAGE Presidential recommendation.

I. To update the University of Oklahoma Office of Technology Commercialization Policy to reflect the changes in staffing and the licensing process for sponsored research.

BACKGROUND AND/OR RATIONALE: Recent changes to the University of Oklahoma’s Office of Technology Commercialization’s personnel and process necessitate an update of the Intellectual Property Policy. These changes reflect the change in titles and the distribution model for licensing, especially in regards to sponsored research agreements. There are also changes in language to reflect the 2013 America Invents Act and changes for internal references to match. Changes are highlighted in yellow.

• 3.29.1: Preamble o (A) The people of the State of Oklahoma may reasonably expect that their

investments in the University will create new industry and enhance existing industry within the State and Nation. Such new industry creates greater employment opportunities for citizens of the State and the Nation and an improvement in their standard of living.

o (B) The creation and development of intellectual property at the University

encourages new business and is key to creating strong University and industry partnerships. It is the responsibility of University employees to disclose intellectual property and to foster an entrepreneurial attitude within the work force by involving students in the creation of intellectual property. Intellectual property development shall be pursued in concert with, but subject to, the University’s principle responsibilities of education and knowledge creation.

o (C) Therefore, it is in the best interest of the University to adopt a policy that

encourages disclosure of discoveries and inventions and rewards such creative activity. To do so, the University pPolicy must insure that creators of copyrightable works or trademarks and inventors share in any financial success enjoyed by the University through the creation and commercialization of intellectual property. The basic objectives of the University’s pPolicy concerning creative works, trademarks, discoveries, and inventions (i.e., intellectual property) include the following:

(1) To maintain the University’s academic pPolicy of encouraging

research, publication, and scholarship independent of potential gain from royalties or other income.

(2) To make patented materials created pursuant to University objectives


available in the public interest under conditions that will promote their effective utilization and commercialization.

(3) To provide adequate incentive and recognition to faculty and staff

through proceeds derived from their creative works, trademarks, discoveries, and inventions.

• The text below is approved Regents Policy for the Norman Campus, but is printed in its entirety only in the Norman Campus Faculty Handbook

• 3.29.2: Patents

o (A) Ownership

o All discoveries and inventions, whether patentable or un-patentable, and

including any and all patents (domestic and foreign) based thereon and applications for such patents, which are made or conceived by any member of the faculty, staff, or student body of The University of Oklahoma, either in the course and/or scope of employment for The University of Oklahoma or substantially through the use of facilities or funds provided by or through the University shall be owned by and be the property of the Board of Regents of the University of Oklahoma and the member will assign and does hereby assign all of member’s rights in and to the discoveries and inventions to the Board of Regents of the University of Oklahoma except as described below. Faculty having rights to discoveries/inventions prior to employment at the University of Oklahoma should notify the Office of Technology Development Office of Technology Commercialization of such intellectual property so that ownership to any further development of that same intellectual property at the University of Oklahoma may be established, by written agreement, with the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee. The Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee shall consult with the Senior Vice President and Provost of the Health Sciences Center or his/her designee before entering a contract with faculty at the Health Sciences Center. In the event faculty or staff make discoveries or inventions outside the course of and/or scope of employment and using no University facilities, equipment, or supplies, or if using such reimburses the University for this use in accordance with a prior written agreement with the University and in accordance with University pPolicy, title to such discoveries or inventions shall remain in the inventor, provided the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee determines that the discovery or invention was made under these conditions. The inventor shall nonetheless submit a disclosure form to the University Office of Technology Development Office of Technology Commercialization. This disclosure shall contain sufficient information to enable the Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee to make a determination. If confidential information is required, the University will sign a nondisclosure agreement for purposes of this review. Should the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee determine that the University does have a proprietary interest, a more complete disclosure may be required before making a decision in regard to title, the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee shall consult with the Senior Vice President and Provost of the


Health Sciences Center or his/her designee when the faculty member is based at the Health Sciences Center. If it is determined that the University has an interest, the provisions of this pPolicy shall then be applicable. Appeals of such determinations may be made to the Faculty Appeals Board and then to the President.

o All rights in and to discoveries and inventions described in this pPolicy shall

be disclosed to and inventor will assign and hereby does assign all rights in and to said discoveries and inventions to the Board of Regents of the University of Oklahoma as a specific condition of employment with the University and admission to and/or attendance at the University. Faculty, staff and students shall execute any and all documents the University deems reasonably necessary to evidence such ownership, meet its legal obligations and effect patent protection, domestic and foreign, for the University or its nominee. All costs involved in obtaining and maintaining patent protection shall be borne by the University or its nominee. The University agrees to act in good faith with respect to the determination of ownership

o (B) Revenue

o The Revenues (e.g. royalties and other revenue fees of cash and equity)

received by the University directly attributable to the licensing, sale, or commercialization of a University discovery or invention as described in section A will be distributed among the discoverer(s)/inventor(s), his/her/their primary department(s) and the University, in accordance with the following formulae:

(1) 35% of Revenues to the discoverer(s)/inventor(s) (as submitted on the

Invention Disclosure Form)

(2) The remaining 65% to be used to reimburse the University for any remaining expenses not previously recouped that it has or shall incur directly in connection with the discovery or invention at issue:

• (a) After such expenses have been recouped, the remaining 65% will

be distributed as follows:

o (i) 20% to originating college(s), half of which to go to the originating department:

o (ii) 5% to President’s discretionary fund:

o (iii) 5% to the campus Vice President for Research:

o (iv) 15% to the OTD Office of Technology Commercialization to

apply to operational expenses with a pro rata share to go to the originating campus (at least 80%) Office of Technology Development Office of Technology Commercialization; and

o (v) 20% to the Growth Fund maintained for each originating

campus

(3) For Revenues received by University as a result of any up-front licenses granted pursuant to a sponsored research agreement, the


distribution of such Revenues are as follows:

• (a) principal investigator(s) shall receive 11.67% of any Revenues received by University as a result of any up-front license granted pursuant to a sponsored research agreement;

• (b) 88.33% of Revenues received as a result of any up-front license

granted pursuant to a sponsored research agreement shall be held in escrow by the Office of Technology Commercialization for the term of the sponsored research agreement, and shall be distributed as follows:

o (i) in the event that an Invention Disclosure Form is received by

the Office of Technology Commercialization describing a discovery or invention resulting from the work conducted pursuant to the sponsored research agreement

23.33% of Revenues to the discoverer(s)/inventor(s) (as

submitted on the Invention Disclosure Form); and

the remaining 65% of Revenues shall be distributed in accordance with Section 3.29.2(B)(2) of this Policy

o (ii) In the event that an Invention Disclosure Form is not received

by the Office of Technology Commercialization pursuant to the sponsored research agreement:

27.18% to the principal investigator’s(s’) college, half of which

to go to the principal investigator’s(s’) department;

6.79% to President’s discretionary fund;

6.79% to the campus Vice President for Research;

20.38% to Office of Technology Commercialization to apply to operational expenses with a pro rata share to go to the originating campus (at least 80%) Office of Technology Commercialization; and

27.19% to the Growth Fund maintained for each originating

campus

(4) Stock certificates issued to the University shall be held by the Controller’s Office of the Norman Campus. The right to receive such royalty Revenue shall be extended to the inventor(s) in the event that the inventor is no longer an employee or student of the University. Such right shall also accrue to the estate of the inventor(s). Inventor(s) and/or their successors or assigns shall have the responsibility to provide the Office of Technology Development Office of Technology Commercialization of the respective campuses with all the necessary information to make payments to the appropriate parties, including without limitation, current addresses; provided, failure to keep the University so informed shall permit the University to hold all such Revenue for such parties for a reasonable time or until the lawful beneficiaries make claim thereto.


(5) The Office of Technology Development Office of Technology Commercialization shall establish and maintain a “Growth Fund” for each originating campus to be used to stimulate general faculty intellectual property disclosures as well as technology development and transfer. The fund will be used to further stimulate researchers on each campus to make proposals when there is a need for additional funding to provide prototypes, additional research results, and/or “gap” funding to keep a program in place during transition. Those accessing the Fund will be expected to repay the fund at a rate and in a manner appropriate to the use(s) of the funds provided. The Executive Director of the Office of Technology Development Office of Technology Commercialization will chair a university-wide committee consisting of the Vice President for Research of each campus (or his/her designee), a member of the faculty of Entrepreneurship and Economic Development Division of the Price College of Business and at least one outside advisor to establish criteria and review applications from each campus for funding. The University Growth Fund committee will solicit applications not less than annually and recommend fund allocations to the President.

(6) When there are two or more discoverers/inventors, each shall share

equally in the inventor’s share unless all discoverers/inventors agree in writing to a different distribution of such share. Such originally-signed agreement shall be filed with the Office of Technology Development Office of Technology Commercialization of the respective campuses of the discoverer(s)/inventor(s). No distribution of cash Revenues will be made until this issue is resolved by the discoverer(s)/inventor(s) or their successors in interest.

(7) The discoverer(s)/inventor(s) and his or her college shall be paid their

share of the cash Revenues upon receipt of the University and will be furnished with a statement of Revenue derived from the commercialization of the invention at the time of payment. In the event of any litigation, actual or imminent, regarding patent rights, the University may withhold distribution until resolution of the particular matter. The University does not act as a fiduciary for any person relating to consideration received under the terms of this pPolicy.

o (C) Equity Management Committee & Policy

o For any acquisition or disposition of equity assets exceeding $1,000,000.00,

the Equity Management Committee shall consider the University’s actions by reviewing a written description of the proposed acquisition or disposition, which proposal shall be provided to members of the Equity Management Committee by the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee. Any Committee member may seek additional clarification on the proposed transaction by requesting a Special Meeting of the Committee within five (5) calendar days of the receipt of the written proposal. Otherwise, review of the proposal shall be concluded. For disposition of assets valued $1,000,000.00 and above, the committee’s recommendation, upon the approval of the President, shall be presented for formal action to the Board of Regents at their next regularly scheduled meeting. Following the end of each fiscal year, the University Vice President Executive Director of the Office of Technology Commercialization shall provide to the Equity Management Committee a written summary of the operations and status of the University equity holdings. The committee shall consist of two current members of the Board of Regents (to be appointed by


the Board), the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee, University General Counsel, a knowledgeable University employee who shall be appointed by the President and two extra-mural members familiar with such matters by education, training and/or experience. From recommendations by the President, the Board of Regents of the University shall appoint the two non-employee members of the committee, who shall serve at the convenience of the Regents. Appointments shall be made on an annual basis, at the time of the Board of Regents’ officer elections (March).

o (D) Administration

o The President of the University, after consultation with the University Vice

President of Technology Development Chief Innovation and Corporate Officer or his/her designee and appropriate campus officials, shall determine the disposition of University discoveries and inventions described in this pPolicy as deemed prudent and consistent with the University’s mission to ultimately convey the benefits of its research to the public for the general welfare of the State and Nation. In determining the proper disposition of University discoveries and inventions, the University President shall consult as necessary with scientific and/or technical and/or business subject matter experts in fields appropriate to the discovery or invention under consideration. Among other choices, the University President may:

(1) License the discovery and/or invention to third parties to provide for

the further development and/or commercialization of the property;

(2) Transfer the discovery and/or invention for commercialization by entering into commission agreements with third parties to identify potential licensees to further develop and commercialize the property;

(3) Transfer rights to the property to a patent service organization to

further develop and commercialize the property;

(4) Allow rights (U. S. and foreign) to the discovery or invention to revert back to the Federal agency that funded the development of the discovery;

(5) Transfer rights (U. S. and foreign) to the discoverer(s)/inventor(s) if

requested by the discoverer(s)/inventor(s), and the University President determines that the discovery/invention will not be pursued further by the Office of Technology Development Office of Technology Commercialization.

• (a) If Federal funds were used in the development of the

discovery/invention, such transfer of rights are subject to a reversionary right in the Federal government as described in 37 CFR sec. 401.

• (b) Such transfer also shall be subject to an irrevocable, non-exclusive,

royalty-free, and world-wide right and license in the University to make, use, and/or practice the discovery or invention for University education, research and/or service purposes. The University also reserves the right to publish and or present information and data obtained in the research project resulting in the discovery or invention being transferred, assuming such rights do not jeopardize the


discoverer’s/inventor’s patent rights. Faculty, staff and students shall execute any and all documents, as the University deems reasonably necessary to confirm or enforce such reserved right and license.

• (c) Such transfer shall be limited to the discovery or invention duly

disclosed to the University, in writing, as of the time the transfer is requested by the discoverer/inventor;

• (6) Transfer rights to the discovery and/or invention to the person(s) or

entity sponsoring the research in the course of which the discovery or invention was made if such action is required under the terms of the research agreement or is required by law; or

(7) Transfer the discovery and/or invention into the public domain through

publication of the invention by the discoverer/inventor. All transfers of University discoveries or inventions shall be subject to and contingent upon any rights in third parties as may be governed and/or required by, among other things, sponsored research agreements, other third-party contracts, or law.

The University Vice President of Technology Development Chief

Innovation and Corporate Officer or his/her designee shall be responsible for administering the patent affairs of the University in a manner consistent with this Policy. The University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee shall cooperate with the appropriate campus officers to establish written policies to be approved by the President and distributed to the faculty, staff and students of the University, governing procedures to be followed in processing discoveries and inventions generated within the University. The Office of Technology Development Office of Technology Commercialization shall provide information regarding disposition of specific discoveries/inventions to the inventor(s) no later than six (6) months from the date the discovery/invention is marketed by the Office. If the Office of Technology Development Office of Technology Commercialization is not going to pursue marketing and/or protecting the invention, rights in and to the discovery/invention shall revert to the inventor(s) upon his/her request.

When it is in the best interest of the University to get its technology into

the marketplace, when the longer term opportunity for returns to the University and the State exceed the short term value of not taking equity, then the University President will approve taking equity. As a matter of principle some equity is desirable in all transactions to create the best opportunity for the University and the State of Oklahoma to get a fair return on the technologies transferred from the University to the marketplace.

o (E) Disclosure

o It is the responsibility of faculty, staff or students of the University of

Oklahoma to report all inventions they may develop during their term of employment or registration as a student. Any discovery/invention, whether or not patentable, must be reported to the University by filing an Invention Disclosure Form with the appropriate technology development office. Such Invention Disclosure shall provide sufficient information so that the Office of


Technology Development Office of Technology Commercialization, in conjunction with others, can determine its commercial potential and patentability. Although the maintenance of the laboratory notebooks that describe the discovery/invention is the responsibility of the discoverer/inventor, the Office of Technology Development Office of Technology Commercialization may require access to such notebooks at any time throughout the prosecution and maintenance stage of patenting the discovery/invention.

o (F) Term

o The terms of this Patent Policy are a part of any contractual relationship of the

University of Oklahoma with any member of the faculty, staff, or student body. This Policy, as amended from time to time, shall be deemed to be part of the conditions of employment of every University employee or a part of the conditions of enrollment and attendance of every student at the University. Any licensing Revenues received throughout the duration of such license shall be distributed in accordance with the distribution policy in effect at the time of the signing of such license and can only be changed through mutual agreement of the parties receiving portions of such Revenue.

o (G) University Patent Committee

o The University shall have a Patent Committee (for each Campus) that shall

consider and investigate disputes among administrators, faculty, or staff and shall recommend appropriate solutions to the President. This committee shall be convened as needed and will consist of one student member appointed by the Graduate Student Senate for one year, two staff members, one appointed by the President and one appointed by the Staff Senate, and five faculty members, three appointed by Faculty Senate and one each by the President and the UniversityUNIVERSITYVice President of Technology Development Chief Innovation and Corporate Officer or his/her designee. All staff and faculty appointments are for three-year terms. This Committee will assist the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee in setting policy and procedures that will be implemented on a daily basis by the Office of Technology Development Office of Technology Commercialization staff. The committee will provide a forum for faculty, staff, and students to present any issues such as, but not limited to, Revenue sharing, ownership, etc. The committee will make recommendations to the University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee for the handling of these issues. The Director of the respective campus’ Office of Technology Development Office of Technology Commercialization, the respective campus’ Vice Presidents for Research, and University Counsel shall serve as ex-officio members of the committee

o (H) Use of Facilities

(1) As outlined in the Oklahoma Technology Transfer Act of 1998, use of

the facilities of the University by a business enterprise or private business entity is allowed when that project involves the research or development of a University technology, whether or not the technology is protected pursuant to federal or state law governing intellectual property, the results of which have potential economic and academic value for the University. Such use of University facilities must be on a “space-available”


arrangement in which normal University activities are not displaced. The use of such facilities by a business enterprise or private business will be done on a fee-for-service contract and in conjunction with projects where the University has a vested interest in the outcome of the transfer of University technology, through research and development of a discovery/invention for commercialization purposes, scholarly rewards, or furthers the University’s educational, research, or public service missions.

(2) The University may take an equity stake in such business enterprises or

private businesses in consideration for the use of such facilities and/or the development of University discoveries/inventions which shall be managed in accordance with the University’s policies on stock acquisition and management. Any cash Revenues received from the sale or trade of such equity stocks shall be distributed as if received as royalty income. If the equity interest is acquired through an exchange of value other than money and the exchange of value is made in connection with the development of technology by the private business enterprise through the use of the facilities or resources or both of an institution within the Oklahoma State System of Higher Education, acquisition of an equity interest shall be permissible through the use of the facilities, premises or assets of an institution within The Oklahoma State System of Higher Education through the use of faculty expertise or student expertise, including the value of time expended by faculty or students upon developing a technology in connection with a private business enterprise or private business entity. No state appropriated monies shall be used or obligated to acquire an ownership interest in a private business enterprise except as authorized by the provisions of this section.

o (I) Background

o A patent is a grant issued by the U. S. Patent and Trademark Office (PTO)

that provides the assignee of the patent the right to keep others from practicing or using its patented invention. Patents are issued for inventions that are novel (not published, sold, or utilized for more than one year), useful, and non-obvious to others equally skilled in the art. (In almost all foreign countries, to be patentable, an invention requires complete novelty. In others words, it cannot have been published, used, sold, or bartered publicly prior to the filing of a patent application either in the country itself or in the United States PTO.) U. S. Patent Law has maintained maintains that the first-to-invent rule inventor to file an application that describes and claims an invention with the United States PTO shall be entitled to the rights and ownership of the resulting issued patent (absent other agreements). What this means is that the first person to conceive and reduce to practice the invention shall be entitled to the patent. Foreign countries also rely on the first-to-file concept in issuing patent rights. In the case of U. S. law However, in the case of potential disputes which may arise during the prosecution of the patent application, as well as third-party challenges related to the issued patent(s), the laboratory notebooks of the discoverer(s)/inventor(s) may be crucial to the overall outcome as to whom the patent is issued. Laboratory notebooks should be bound notebooks where corrections are readily identifiable. The pages of the notebooks should be signed, dated, and witnessed on a daily basis and stored in a secure location. The term of patent applications filed in recent years is twenty years from the date of application. The laboratory notebooks should be maintained at least for that period of time. (Regents, 12-9-99, 12-02-01)

• 3.29.3: TRADEMARKS


• A trademark identifies an item of intellectual property or an educational or

training service. The University owns all rights and titles to any trademarks related to any item of intellectual property owned by the University. Any cash Revenues received in exchange for the commercial use or sale of such trademark shall be distributed as those cash Revenues received for discoveries/inventions as described in Section 3.29.2(B) of this Policy. (Regents, 12-9-99)

• 3.29.4: COPYRIGHTS

o (A) Preface

o Copyrights are created by the Constitution and the laws of the United States to

promote the progress of science and the useful arts by securing for limited times to authors the exclusive rights to their works and writings. The basic objectives of the University’s pPolicy concerning copyright include the following:

(1) To maintain the University’s academic pPolicy of encouraging

research and scholarship as such without regard to potential gain from royalties or other income.

(2) To make copyrightable materials created pursuant to University

objectives available in the public interest under conditions that will promote their effective utilization

(3) To provide adequate incentive and recognition to faculty and staff

through proceeds derived from their works.

(4) To stimulate creativity across all media.

o (B) Policy

o It is the policy of the Board of Regents of the University of Oklahoma that all rights in copyright shall remain with the creator of the work unless the work is created with substantial use of University resources, is specifically assigned or commissioned by the University, is subject to non-University contractual or legal obligations, or is a “work made for hire” as that term is defined by U.S. Copyright Law.

o (C) Ownership

(1) Scholarly/Aesthetic Works:

In keeping with traditional academic practice and policy, ownership of

copyrights to works of artistry or scholarship in the creator’s professional field such as textbooks, course materials, scholarly papers and articles, software and other computer materials when they are works of artistry or scholarship, novels, poems, paintings, musical compositions or other such works of artistic imagination produced by University employees who have a general obligation to produce such works where the specific choice, content, course, and direction of the effort is determined by the employee without direct assignment or supervision by the University shall reside in the creators and the works shall not be deemed "works made for hire"


under this pPolicy unless they are also sponsored/contracted works or specifically assigned by the University. Copyrighted courseware and/or software that are not associated with traditional works as described above shall fall under and are subject to the Patent Policy. The general obligation of faculty to produce scholarly works does not constitute specific assignment. Upon request by the University, the creator(s) will grant the University a nonexclusive, free of cost, world wide right and license to exercise all copyright rights in and to the work, except the right to commercially display, use, perform, or distribute copies of the work, unless to do so would impair the ability of the creator to have the work published or distributed. If a use of the work by University is reasonably determined by the creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.1. Subject to the approval of the Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee, the University will assist any University employee wishing to commercially exploit a scholarly/aesthetic work falling under this paragraph, through the Office of Technology Development Office of Technology Commercialization and its respective campus officers. In such cases, the University will normally own the work and the provisions of the Patent Policy shall apply.

(2) Personal Works:

Ownership of copyrights to works prepared outside the course and scope

of University employment and without the substantial use of University resources (equipment, facilities, services or funds (regardless of source) administered by and/or under the control of the University) shall reside with the creators; provided, the provision of office facilities, limited secretarial assistance, library facilities for which special charges are not normally made or other resources which are made available to the public without charge, shall not be considered substantial use of University resources.

(3) Sponsored Works:

Ownership of copyrights to works produced by or through the University

in the performance of a written agreement between the University and a third-party/sponsor shall be governed in accordance with the agreement. If the agreement is silent in that regard, ownership shall be governed by the other provisions of this pPolicy.

(4) Commissioned Works:

Ownership of copyrights to works produced for University purposes by

persons not employed by the University or by University employees outside their regular University employment (commissioned works) normally shall reside with the University. In all cases, copyright ownership shall be specified in a written agreement approved by University legal counsel signed by the parties. Any commissioned work agreement which provides for ownership by other than the University shall also provide, to the fullest extent possible, that the University will have an irrevocable, free-of-cost, non-exclusive, world-wide license to exercise all copyright rights in and to the work, except the right to commercially display, use, perform or distribute copies of the work unless to do so


would impair the ability of the University employee creator to commercially or professionally exploit the work. If a use of the work by University is reasonably determined by the University employee creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.4 C(4).

(5) University Works:

Except as otherwise provided in this Policy, the University shall own all

copyrights to works made by University employees in the course and scope of their employment and shall own all copyrights to works made with the substantial use of University resources. Provided, the University shall give due regard to the creator’s interests in the quality and integrity of the work and where appropriate grant recognition for creation of the work. To the extent consistent with University rights under the U.S. copyright law, nothing herein shall be construed to prevent the creator from using his/her knowledge, expertise, research, and creative achievement in other employment.

(6) Student Works:

Ownership of copyrights to works produced by enrolled students without

the use of University funds (other than Student Financial Aid), that are produced outside any University employment and are not sponsored or commissioned works, shall reside with the student creator(s). Provided however, in all cases a student’s graduate thesis or dissertation shall be deemed a student work under this pPolicy but as a condition of enrollment and awarding a degree, the University reserves an irrevocable, non-exclusive, free-of-cost and world-wide right to reproduce in any media and distribute to the public, on a non-commercial basis, copies of said theses and dissertations, unless to do so would impair the ability of the creator to commercially or professionally exploit the work. If a use of the work by University is reasonably determined by the creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.6 C(6).

(7) Jointly Originated Works:

Ownership of copyrights to jointly originated works shall be determined

by separately assessing the category of work of each creator under this Section 3. Rights between joint owners of a copyright shall be determined pursuant to copyright law or by agreement between the owners of the work.

o (CD) Revenue Sharing

o The University may assign or license its copyrights to others. The University

shall share royalty Revenue derived from such assignment or license which it receives through copyrights with the creators, as provided for in the Patent Policy above Section 3.29.2(B) of this pPolicy. Notwithstanding the above or anything else to the contrary herein, staff employees are not eligible to share Revenues received from University owned copyrights where such employees create copyrightable works as a part of their normal responsibilities of


University employment. Provided, a staff employee may apply to the appropriate Senior Vice President and Provost or his/her designee to be treated as a faculty member for purposes of revenue sharing for a work resulting from a specific project upon a showing that his/her duties and responsibilities in that project are, in practical effect, substantially the same as those of a faculty member.

o (E) Administration

(1) Release to the Creator:

An individual creator of a University owned work may seek transfer of the University owned copyright to him/herself by making a written request to the appropriate Provost. If the University decides not to exploit such work, then it may transfer the copyright, by written agreement, to the individual creator to the extent consistent with any applicable third-party agreement or law. Provided, such transfer shall be subject to an irrevocable, non-exclusive, free- of-cost and worldwide license in the University to exercise all rights under the copyright in the work except the right to publicly distribute copies for commercial purposes or such other conditions as may be agreed upon in writing between the individual creator(s) and the Senior Vice President and Provost or his/her designee, unless to do so would impair the ability of the creator to have the work published or distributed. If a use of the work by the University is reasonably determined by the creator to impair the exercise of such rights as transferred in the agreement, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 5.1 E(1).

(2) Disclosure and Protection:

An individual creator of a University owned copyrightable work shall

protect the work by placing the following statutory copyright notice on all copies thereof (“Copyright [insert year produced, e.g., 2000], the Board of Regents of the University of Oklahoma.”). If the creator believes the work may have commercial value, he/she shall promptly provide written disclosure of the work to the appropriate Senior Vice President and Provost.

(3) Legal Compliance:

Any work created by a University employee or student, to the best of

his/her knowledge and informed belief, shall not infringe on any existing copyright. Creators of copyrightable works subject to this pPolicy and the University shall cooperate as reasonably necessary to effect the terms of this pPolicy. For example, if copyright to a work of scholarship vests in the University by law, the University will, upon request and to the extent consistent with its legal obligations to third parties, promptly execute such documents as will transfer copyright to the faculty creator(s).

• (a) The Senior Vice President and Provosts or his/her designee,

Norman Campus and the Health Sciences Center, shall be responsible for administering the copyright affairs of the University in a manner consistent with this pPolicy. The Senior Vice President and Provosts


shall cooperate in consultation with the Copyright committee on each campus to establish written directives to be approved by the President of the University and distributed to the employees and students of the University, which shall govern the procedures to be followed in processing copyrighted works created within the University.

• (b) The University does not act as a fiduciary for any person

concerning consideration received under the terms of this pPolicy.

• (c) The University Vice President of Technology Development Chief Innovation and Corporate Officer or his/her designee may negotiate ownership of copyrighted works with research sponsors when it is in the best interest of the University to do so. Otherwise, all rights are as described above.

• (d) Faculty having rights to copyrighted works prior to employment at

the University of Oklahoma should notify the Office of Technology Development Office of Technology Commercialization of such intellectual property so that ownership to any further development of that same intellectual property at the University of Oklahoma may be established, in a written agreement with the University.

o (F) Contractual Term

o The terms of this copyright pPolicy are a part of any contractual relationship

of the University with any member of the faculty, staff or student body. This pPolicy, as amended from time to time, shall be deemed to be a part of the conditions of employment of every University employee and a part of the conditions of enrollment and attendance of every student at the University.

o (G) Resolution of Conflict

o Should disputes arise relative to the ownership of copyright between the

creator and the University, the matter will be referred to the Copyright Committee, which will make recommendations to the President for proper resolution of the disputes. Either the University or creator may contact the Senior Vice President and Provost or his/her designee to arrange to have the Copyright Committee meet to consider such disputes.

o (H) University Copyright Committee

(1) The University shall have a Copyright Committee for each Campus

that shall consider and investigate disputes among administrators, faculty, or staff and shall recommend appropriate solutions to the President. The committee's responsibilities shall include, but not be limited to, disputes concerning:

• (a) Ownership of copyright; and

• (b) Terms of commissions.

(2) The Copyright Committee of each campus shall have as its members:

• (a) One member appointed by the President for a four-year term;


• (b) One student member appointed by the Graduate Student Senate for

one year;

• (c) Two staff members, one appointed by the President, one appointed by the Staff Senate, all appointments are for three years; and

• (d) Three faculty members with two appointed by the Faculty Senate

and one by the President. All appointments are for three-year terms. Tie votes will be settled by chair of Faculty Senate, who shall be an ex-officio member of the committee. Each member of the committee shall have one vote. The committee shall keep its own records, determine its own procedures, and elect its own chair who shall report to the President. The committee also may review this pPpolicy from time to time and may recommend changes to the President. (Regents, 11-13-80, 10-14-82, 1-15 87, 1-16-89, 6-13-91, 12-9-99, 12-7-01, 1-27- 04)

Faculty Scholars Steering Committee Mission Statement To provide faculty guidance to support the development of campus-wide resources that are designed to enhance teaching excellence, extend research and creative activities, promote community engagement, and foster leadership. Charge The Faculty Scholars Steering Committee will provide faculty perspectives and feedback to improve, support, and amplify the faculty development resources provided through the Center for Faculty Excellence (CFE), particularly in the area of teaching excellence. In carrying out these responsibilities, the Committee shall do the following:

• Meet with CFE leadership at least once per semester to collaboratively develop goals and future plans to meet these goals, and to discuss CFE resources and assessments.

• Share faculty perspectives, concerns, and ideas with CFE. • Serve periodically on search committees for CFE positions and/or review proposals from faculty. • Support the development of seminars, workshops, and in-house conference presentations

designed to advance the teaching mission of the university. Operating Procedures The Committee shall formulate its own operating procedures, which shall include:

• A committee chair will be elected by the committee from among the committee members. • The committee chair will coordinate with the Director of CFE to organize meetings with CFE

leadership at least once per semester.

Membership The Committee shall formulate its own operating procedures, which shall include:

• 6 faculty members representing a diversity of disciplines and backgrounds will be elected by the Faculty Senate to 3-year staggered terms

• 2 new members will start at the beginning of each academic year • 2 members will rotate off the committee at the end of each academic year

Documents

FACULTY SENATE AGENDA